Page 3993 - Week 09 - Wednesday, 25 August 2010

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(a) a collection day notice and the trolley is found on a collection day in a collection area; or

(b) a removal notice in relation to the trolley and the trolley has not been removed from the removal notice location within 24 hours after the time the notice was given.

(3) Subsection (2) does not apply if the shopping trolley is—

(a) in premises owned or leased by the retailer or a person authorised by the retailer to keep the trolley; or

(b) in the possession of the retailer or a person authorised by the retailer to be in possession of the trolley; or

(c) in a shopping centre precinct other than the retailer’s shopping centre precinct.

(4) However, an authorised person or a police officer may remove a shopping trolley to a retention area without a notice under section 24FB or section 24FC having been given if the authorised person or a police officer believes on reasonable grounds that—

(a) the trolley may cause injury to a person or animal or damage to property or a public place if it is not removed; or

(b) it is impractical for the retailer to remove the trolley.

Example—par (a)

A shopping trolley is left next to a main road. Prompt removal is necessary because the trolley could roll or be pushed onto the road.

Example—par (b)

A shopping trolley is dumped in a waterway. Removal by the retailer is impractical because it requires specialised equipment to remove it.

Note  An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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Clause 4

Proposed new section 24H

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Clause 4

Proposed new section 24I

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Clause 4

Proposed new section 24J heading

Page 9, line 1—

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left in public places


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